Nevada County picayune., 1887-03-30


 transport, store. and deliver 10 tue eonsrgnee thereof any and all prop erty offered for shipment at and for charges not greater than those specified in such schedule as may at the lime De tn force, and shall on demand, issue to ship pers duplicate freight receipts. which shall state the class of freight shipped, the weight amt charges. .Aud all the provisions of this act shall applf tn all property, and all thr services tn and about the trausporIaiieH thereof, on one actually or substantially conttnu- ous carriage, or part thereof, and to the compensation there.or, whether same is carried wholly on one railroad, or partly on several railroads, and whether the services are performed, compensation paid or received by or to one cor poration, alone or in connection with another, or other persons or corporations. provided, that at points where freights are subject to competition by rontes not con | trolied by this act, nor complying with its provisions, the schedule herein provided for may be posted and go into immediate effect.
 And no such action shall be maintained unless it be alleged and shown that before bringing thls action the party complain | ing brought the matter to the at tention of the railroad company by a notice or statement of the facts | in writing accompanied by the papers showing such violation. If any he has, and a demand for rep aratien delivered to some agent of the railroad company, and that said railroad company for fifteen days after reception of such notice neglected or refused to refund any svereharge or make other proper reparation.
 Sec. s. In any action brought un. | der this act the court before which the same shall be beading may com pei any president, director, reeelv- CT. officer, trustee or agent ot the railroad defendant in such action to attend and testify in such ease. and may compel the production ot the books and papers of such raIl- road corporation party to such ac- 1 tioa or suit; the claim that any such testimony or evidence may criminate the person giving such evidence shall not excuse such 1 witness from testifying, but such evidence or testimony shall not be used against such person on trial { of any criminal proceeding.
 Sec. 9. All charges made foTany services rendered, or to be render ed. in the transportation of passen' gers or property on any railroad In ! tms state, or in connection there
 with. or for the receiving, deliver ina. or storage, or handling of such property snail be reasonable and just, and every unjust and nnrea- sonable charge for such services pI ohibited and declared to be nn- lawfui.
 Sec. 10. Whenesep any railroad corporation, as lessee or otherWlse, operates any other railroad In con ton with it's own road, the provls- ions of this act as tc charges for transportation and carrying freight and passengers shall apply to such other roads as operated, Tn like { manner as il tho sane were part of the liue of road owned by the corporation operating the same, and for such purposes all lines ot railroad operated by the same com pany shall be considered as one and the same road.
 ! See. II. The term railroad or railroad corporation contained in this act. shall be deemed and taken to mean all corporations, compa- nies or individuals now owning or operating, or which may hereafter own or operate any railroad in this state, whether as owner, contrac- tor or lessee, mortgagee. assignee ! or receiver.
 1 See. l2. Ina; any railroad cor poration that shall violate the first, fourth. fifth, sixth, seventh and ninth sections of this act, or shall be concerned in the violation of the third section of this act, shall forfeit and pay for every such 0ffense any sum not less than $50, nor exceeding 5000 and cost of suit. to be recovered by civil action by the party az grieved in any court having juris- diction thereof; and any president, director, officer, agent or empIoye of any such railroad, who shall knowingly or wilfHlly violate any of snch provisions of either Secs 1, ?. 3 or 1 of this act, shall for every violation he liable to the same penalties, to be recovered by the party aggrieyed, in the same manner as prescribed in this section, and in case of the viola ton of said See. 3 hy any such railroad corporation or president, director, officer, agent or empl0ye, each day the same is done shall constitute a separate cause of ac- ton, but all such actions shall be brought within one year after the cause Of action occurs, or within